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A taxpayer received the refund of their contributions to a housing cooperative, plus interest, through a surety bond. The DGT has ruled that the interest received is compensatory in nature and must be taxed as a capital gain within the savings tax base.
Cuestión planteada Tributación de los referidos intereses en el IRPF:
Los intereses pagados por la aseguradora tienen finalidad indemnizatoria por el incumplimiento de la obligación, por lo que no son rendimientos del capital mobiliario. Estos intereses deben tributar como ganancia patrimonial, cuya cuantía es el importe percibido. La alteración patrimonial ocurre cuando el asegurador debe pagar la indemnización y debe integrarse en la base imponible del ahorro.
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